Legal Opinion

Kimball v. Sundstrom & Stratton Co.

West Virginia Supreme Court

Decided May 15, 1917PublishedCited by 6 opinions

Appeal from Circuit Court, Berkeley County. Suit by C. C. Kimball and others against the Sundstrom & Stratton Company, the Marion Steam Shovel Company, and others, to enforce a lien for the value of work and labor performed. Decree for plaintiffs, and the Marion Steam Shovel Company appeals.

1Opinion of the Court

Miller, Judge:

In a suit to enforce a lien for the value of work and labor performed and alleged to have been acquired and perfected by plaintiff, pursuant to sections 7 and 8, chapter 75, Barnes’ Code, against the personal estate of the defendant corporation, others claiming similar liens, and liens by judgment or attachment, were made defendants, and by an order of reference in the cause all were convened before a master commissioner, who took proof, and made his report, to which exceptions were filed by some of the creditors, and upon which the decree appealed from was pronounced.

Upon this…

2Cases cited9 opinions

  1. Beard v. Union & American Publishing Co.Supreme Court of Alabama · 1881
  2. Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
  3. Toledo Tie & L. Co. v. ThomasWest Virginia Supreme Court · 1890
  4. Wetzel & T. Ry. Co. v. Tennis Bros.Court of Appeals for the Fourth Circuit · 1906
  5. Griffith v. Blackwater Boom & Lumber Co.West Virginia Supreme Court · 1899

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3Cited by6 opinions

  1. Carpenter v. Policy Holders Life InsuranceCalifornia Supreme Court · 1937
  2. Shore v. United Auto Supply Co.West Virginia Supreme Court · 1929
  3. Carpenter v. Policy Holders Life InsuranceCalifornia Supreme Court · 1937
  4. GMS Mine Repair & Maintenance Inc. v. Drivetrain LLCDistrict Court, S.D. Ohio · 2023
  5. Plan Administrator v. Anderson Excavating, LLCDistrict Court, S.D. Ohio · 2023

1 more not listed; retrieve them via the Exa API.

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